Middlesex DA's statement on probe of Lowell police cellblock death

The Lowell Sun

Updated:
03/12/2014 01:31:22 PM EDT

Official statement by Middlesex District Attorney Marian Ryan on the investigation into a Death of a Woman in Lowell Police Custody:

"WOBURN -- The Middlesex District Attorney's Office has concluded its investigation into the facts and circumstances surrounding the death of Alyssa Brame, 31, who died while in custody at the Lowell Police Department on January, 13, 2013.

The investigation included: interviews with all members of the Lowell Police Department, Lowell Fire Department, Trinity Ambulance EMTs, and paramedics associated with Lowell General Hospital who had contact with Brame on January 12 through 13; review of all surveillance video of the decedent at the police station; review of all prior police reports related to the decedent from October 13, 2012 through her arrest on January 12; and autopsy results from the Office of the Chief Medical Examiner.

Based upon this investigation and applying the relevant case law, the Middlesex District Attorney's Office has determined that this was an accidental death that occurred in police custody and that the conduct of the parties involved does not rise to the level of wanton and reckless conduct that would support or warrant criminal charges.

The facts are as follows:

On January 12, 2013 at approximately 10:33 p.m., Alyssa Brame was arrested for a charge of offering sexual conduct for a fee. While waiting for additional officers to arrive, the arresting officer observed a strong odor of alcohol from the decedent and described her speech as understandable, but slurred. Brame was able to stand and communicate with officers.

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Brame was known to officers, having been in police custody in Lowell on 10 prior occasions. Records indicate that she was described as "highly intoxicated" on six of those occasions, including one occasion where she was examined by an EMT.

On the evening of January 12, following her arrest, Brame was transported to the Lowell Police Station. She was initially placed on the floor next to a stairwell inside the station so she could be observed by the sergeant in charge, who observed her condition to be highly intoxicated.

At arrest and arrival at the police station, Brame did not appear to have any labored breathing or be in distress. Several officers observed her to be highly intoxicated.

While officers and civilian attendants attempted to bring Brame to the booking area, she was not speaking and her eyes were closed. Because she was not able to be booked in her condition, she was placed in the first cell in the cell block area at approximately 10:57 p.m. Officers reported that she was breathing, however, she was not moving.

Video surveillance showed civilian attendants entered the cell at 12:04 a.m. on January 13, and discovered Brame was unresponsive. The first civilian attendant reported to his commanding officer that the decedent was unresponsive and feared dead. Several officers entered the cell and tried to start CPR. The civilian attendant then asked if EMTs were on route, and it was determined that a call had not yet been made. At 12:18, a dispatch report shows a call for medical assistance for an unresponsive female. Fire EMTs, located next door to the police station, arrived at 12:19.

EMTs initiated CPR and noted that Brame did not have a pulse and was not breathing. Brame was transported to the hospital and pronounced deceased at 1:08 a.m.

An autopsy was conducted by the Office of the Chief Medical Examiner. The medical examiner ruled the cause of death to be acute ethanol toxicity and the manner of death to be accidental.

Based upon the review of the circumstances of the case, interviews, video evidence, the medical examiner's findings, and the past history of this decedent it is determined that no one person acted in a wanton and reckless manner and therefore, there is no culpability for a criminal charge of involuntary manslaughter.

Having completed its investigation with the finding of an accidental death, the Middlesex District Attorney's Office now turns the matter over to the Lowell Police Department and makes the following recommendations for the department to:

* Provide additional training of all personnel to better understand the effects of alcohol and drugs to determine if a person is unconscious rather than just sleeping off the effects of alcohol

* Address the circumstances and protocols for when medical attention is called to evaluate a person in custody

* Implement a clear mechanism for calling for medical attention to cell block area

* Implement a well-defined and recorded protocol for checking on a detainee's well-being every 30 minutes, or more often if determined by the commanding officer

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